E PALINGENESES

1. Re-creation or reconstruction of texts

$40 1. The re-creation or reconstruction of texts which have come down to

us in dispersed fragments has long attracted the efforts of scholars in Roman law.

2. Writings of the Jurists

The most important aspect of palingenesis in Roman law, as a tool of re­search, is the conjectured re-creation of the sequence of materials in the books of the jurists of the classical period, primarily from the fragments which the compilers of Justinian’s Digest had excerpted from the old works. The standard accepted version, without any attempt at excluding inter­polations or glosses, is that of

114. Lend, O. Palingenesia iuris civilis. 2 vols. (Lipsiae 1889).

Lenel, himself, undertook to establish the original text ofone work included therein, taking account of surmised interpolations and glosses,

115. Lend, O. ‘Afrikans Quastionen, Vcrsuch einer kritischen Palin­genesis, SZ51 (1931) 1-53.

Recently a young scholar has provided a supplement to the original work by incorporating juristic material discovered on papyrus fragments since the date of Lencl’s first publication. The new material is appended to a reprint of the original work.

116.

The palingenesis enables the research scholar to survey the work of a jurist in its original sequence - albeit with possible interpolations - and thus gain better insight into the methods employed in its composition and into the view expressed vis-a-vis those of other jurists. Lenel’s enumeration of the fragments (in the writings) of the individual jurists, as well as the pages and lines of the Palingenesia are frequently used as references in other works,

e. g., in the KWIC concordance cited supra, No. 83.

There are other palingeneses of juristic writings which should be noted,

117. Bremer, F. P. lurisprudentiae antehadrianae quae supersunt. 2 vols. in 3 (Leipzig 1896-1901),

in which the fragments from the writings of jurists prior to the reign of Had­rian, that is, quotations from literary authors and from later juristic writers, are set forth.

118. Strzelecki, L. C. Atei Capilonisfragmenta (Wroclaw 1960), pp. 27-42, contains a palingenesis of the jurist Capito’s works, with a comparison to the reconstructions advanced by Lenel and Bremer. The palingenesis of the Sententiae ad filium, a work attributed to the jurist Paulus, has already been mentioned, supra. No. 110. A study of considerable value in palingenesic research into the writings of the jurists is

119. Daube, D. ‘Zur Palingenesic einiger Klassikerfragmente*, SZ 76 (1959) 149-264.

3. Justinian's Institutes

The palingenesis of the Institutes of Justinian, primarily for the purpose of assigning the various portions thereof to their original sources, is afforded by

120. Ferrini, C. ‘Sülle font! delle Istituzioni di Giustiniano’, 13 (1901)

101-207; reprinted in his Opere II (1929) 307-419, and by

121. Zocco-Rosa, A. ‘Imp. lustiniani Institutionum Palingenesia*, Ann. Catania 9.1 (1905/06) 18CM39, and 9.2(1907/08) 3-227.

4. Imperial Constitutions

As a complement to palingeneses, reference can be made to the attempts to reproduce the enactments of the emperors in chronological sequence. A standard collection, which has incorporated quotations of imperial const­itutions - oratio directa or oratio obliqua - in both literary as well as legal texts, is

122. Haenel, G. Corpus legum ab imperatoribus Romanis ante lustinianum latarum quae extra constitutionum codices supersunt (Lipsiae 1857).

Since this collection of imperial enactments is far from complete, the Acca­dentia Nazionale dei Lincei (Italy) established a project to assemble these texts, from all possible sources, literary, legal, papyrological and inscrip- tional, patristic, etc? To date, as a prospect for the future, only a part of the pronouncements made by Augustus has appeared,

123. zlrta Divi Augusti, Pars prior, ed. by S. Riccobono et al. (Roma 1945). In this volume are the texts of the Res gestae, numismatic inscriptions, leges and senatus consulta during the reign of Augustus, all provided with elabo­rate commentary, replete with reference to secondary literature. The con­stitutiones of this emperor have not as yet been published.

In the meantime, the texts of the constitutions of the emperors which were quoted directly or indirectly in the works of the jurists have been col­lected, arranged chronologically by emperors as well as sequentially in the jurists’ works - according to the enumeration in Lcners/taftngertesiu (supra, No. 114),

124. Gualandi, G. Legislazione imperiale e giurisprudenza, vol. 1 (Milan 1963).

This is a valuable tool, giving not only insight into the influence of imperial constitutions on juristic writing - the subject matter of Gualandi’s second volume - but constituting a ready reference for research into all aspects of imperial participation in the development of the Roman law.

The final item to which attention is called, of some value in the study of imperial constitutions, is the enumeration of the addresses of imperial re­scripts, by

125. db Dominicis, M. A. ‘I destinatari dei rescritti imperiali da Claudio a Numeriano’, Ann. Ferrara 8 (1948/49, 1949/50) 201-17, + tables (55 p.).

2. The program is set forth in Alli del /* cong. naz. studi rom. 2 (1929) 183-98.